New York Civil Rights And Criminal Defense Lawyers

Month: August 2017

Man files police misconduct suit against White Plains police

A businessman from Westchester has filed a lawsuit against the White Plains police claiming police brutality. The multimillion-dollar lawsuit alleges that authorities brutalized the man without any reason. A lot of the incident was caught on surveillance camera. The video shows the 72-year-old man attempting to enter the elevator of an apartment building last January. Next, White Plains police can be seen stopping him. He was headed to assist his fiance who was in the throes of a dispute with her adult daughter. The man tried to tell the police that he could bring resolution to the matter...

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Prisoner holding times and the right to receive a speedy trial

Every person accused of a crime will remain innocent until -- and only if -- he or she is proved to be guilty beyond reasonable doubt in court. However, when police arrest someone for allegedly committing a crime, the individual will temporarily lose the right to freedom. In a lot of cases, suspected criminals can get released from jail and maintain their freedom until their trial concludes. However, there are also numerous instances when a court will continue to detain an accused person due to a flight risk or other reasons. The United States Constitution and New York law limits the amount...

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Prisoners’ Rights Practice

It's been a busy month for our prisoners' rights practice! The Sivin & Miller team was in The Bronx for two Riker's Island prisoner abuse cases as well as upstate New York to conduct extremely complicated federal court ordered discovery on several cases arising out of prison guard brutality at Attica and other upstate prisons. Both Riker's Island cases ended with huge success! One, a civil rights deliberate indifference case, settled on the eve of trial. It involved a corrections officer who stood by for several minutes as he observed our client (who weighed 140 pounds and was in a drug...

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Alleged police misconduct: Did a Baltimore officer plant drugs?

A Baltimore police officer has been accused of planting evidence at the scene of an arrest. The accusations come following police body camera footage that appears to show the officer throwing a bag of illegal drugs on the ground near where officers arrested a man on drug charges in January. In the video, the officer turns on his body camera and walks into an alley, where he finds a small bag of white capsules. However, 30 seconds before the officer turns on his body camera, some footage remains -- due to the way Baltimore body cameras save their footage. In this footage, which doesn't have...

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How does the Fourth Amendment protect me?

The Fourth Amendment is all about search and seizure and personal privacy as it applies to criminal law. If a law enforcement officer violates the Fourth Amendment in order to obtain evidence that will be used against you in criminal court, for example, this evidence may be thrown out and cannot be used against you. Let's take a quick look at the areas where the Fourth Amendment has jurisdiction -- When a police officer apprehends you at the time of a traffic stop or arrest; and -- When police search a location where someone can expect to have privacy -- such as a person's home, luggage,...

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Why body-worn cameras are not 100 percent effective

On the surface, it seems like a great idea for police officers in New York to wear body cameras, which would track their movements and behaviors and keep them accountable for abuses. That is in theory, at least. In practice, police officers do not always have their cameras on, and they can turn them on and off deliberately and with calculation. In Minneapolis, police officers are now required to turn on their cameras as soon as they begin responding to a 911 call (this after the killing of an unarmed woman). In Baltimore, meanwhile, a body camera appears to have caught a police officer...

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